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Madras High CourtWP/4151/2018disposed of

P. Alliraj v. The State Of Tamilnadu

2018-02-23Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.4151 of 2018

1. P.Alliraj

2. P.Iyappan

3. R.Krishnan

4. G.Murugan

5. R.Krishnan

6. R.Karthik

7. K.Perumal

8. R.Raghupathi

9. G.Mani ..

Petitioners -vs1. The State of Tamil Nadu rep by the Secretary Higher Education Department Fort St.George Chennai 600 009

2. The Director of Technical Education Guindy Chennai 600 025

3. The Chief Engineer Technical Education Department Guindy Chennai 600 025

4. The Executive Engineer, P.W.D., Technical Education Division Coimbatore-14 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first and second respondents to consider the claim of the petitioners as annexed to the writ petition for regularization of their services on completion of 10 years of NMR/casual labourers services as per G.O.(2D) No.29 Public Works (C2) Department dated 09.02.2016 on the subject, on the basis of representation dated 21.12.2017 with effect from the initial appointment and within a time to be stipulated by this Hon'ble Court.

For Petitioners :: Ms.S.Esairani Narasimman For Respondents :: Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

This writ petition has been filed by the petitioners, who are working as Casual Labourers in the Technical Education Division, Coimbatore under the control of the Public Works Department, seeking for consideration of their representation for regularisation taking into account the long and continuous service rendered by them from 1993, since a policy decision has been taken by the Government to regularise similarly placed NMRs/casual labourers. It is also stated that on the basis of the policy decision, a communication in letter No.13585/CW/1/2009 dated 27.1.2012 was also sent by the Commissioner/Director of Technical Education proposing to regularise the services of the petitioners herein to the first respondent. But the same has not been considered till date. Therefore, a direction is sought for.

2. The learned Additional Government Pleader for the respondents sought for sufficient time to consider the pending representation on the basis of the proposal sent by the second respondent dated 27.1.2012 to the first respondent.

3. Recording her statement, taking note of the factor that the petitioners are working from 1993 as casual labourers, the first respondent is hereby directed to consider the pending proposal sent by the second respondent dated 27.1.2012 as well as the representation of the petitioners dated 21.12.2017 on merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To

1. The Secretary to Government Higher Education Department Fort St.George Chennai 600 009

2. The Director of Technical Education Guindy Chennai 600 025

3. The Chief Engineer Technical Education Department Guindy Chennai 600 025

4. The Executive Engineer, Public Works Department Technical Education Division Coimbatore-14 + 1 cc to Mr.P.Arul Mathi, Advocate Sr.No.13964 W.P.No.4151 of 2018 CO(KS) RRI 06/03/2018